Will Disney lose exclusive rights to Mickey Mouse?
Disney's copyright on the earliest version of Mickey Mouse expires in 2024. What does this mean for the world's most famous mouse?
Mickey Mouse first appeared in 1928 in the short cartoon "Steamboat Willie" - the first animated film in which the picture was synchronized with the sound. In the US, copyright lasts until the author's death plus 70 years. But for works, which are created anonymously, under a pseudonym, or are the work of employees as part of their regular work, copyright is valid for 95 years. For works such as Mickey Mouse cartoons that were first published before 1978, copyright only lasts for 95 years from the date of first publication.
This popular mouse from children's cartoons has undergone several transformations since its creation in 1928. Subsequent versions of Mickey Mouse will continue to be protected until they expire 95 years after the first publication or display. The original Mickey Mouse looks different from the mouse we see today. He originally had a pointy rat nose and skinny arms and legs.
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And while Disney may lose the copyright to the animated "Steamboat Willie," it could still retain some rights if that version of the mouse is trademarked.
'The first question is whether Disney is using 'Steamboat Willie' not only as a character but also as its symbol,' Jane Ginsburg, a professor of intellectual (literary and artistic) property at Columbia Law School, told DW.
Copyright or trademark
A trademark is a recognizable symbol or term associated with a product or service of a particular company or individual. Unlike copyright, a trademark can last indefinitely. In the US, a trademark does not have to be registered to be considered a trademark.
If the version of Mickey Mouse in "Steamboat Willie" is considered a Disney symbol, so this company can say that it is its trademark. This means that others can use these characters, but it must be done in a way that people do not think that it is a Disney product.
Winnie the Pooh as a serial killer
For example, the original 1926 'Winnie the Pooh' story by Alexander Allan Milne entered the public domain in early 2022. But Disney's iconic image of the yellow bear in a red T-shirt, which first appeared in 1966 animated short, is still protected by copyright. Entertainment giant Disney also has several trademarks associated with the popular teddy bear, which restricts the use of his character on other companies' products. A big test for the Disney company in terms of copyright related to the character of Winnie the Pooh will be the cartoon Blood and Honey. This horror movie is supposed to be released this year. Winnie the Pooh has been turned into a serial killer.
'We knew what Disney's copyright was and what kind of character they were creating,' says director Rhys Waterfield. 'So we did everything we could to make the movie based only on the 1926 version of the teddy bear.'
Aside from the same name, the bear character from the horror movie has little in common with Disney's honey-loving bear. Winnie the Pooh in horror wears a lumberjack suit and his features are distorted.
Post By: Vanessa F.
